The Privilege Against Self-Incrimination and Criminal Justice
The Privilege Against Self-Incrimination and Criminal Justice

Author: Andrew Choo

Publisher: A&C Black

Published: 2014-07-04

Total Pages: 180

ISBN-13: 1782253211

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The privilege against self-incrimination is often represented in the case law of England and Wales as a principle of fundamental importance in the law of criminal procedure and evidence. A logical implication of recognising a privilege against self-incrimination should be that a person is not compellable, on pain of a criminal sanction, to provide information that could reasonably lead to, or increase the likelihood of, her or his prosecution for a criminal offence. Yet there are statutory provisions in England and Wales making it a criminal offence not to provide particular information that, if provided, could be used in a subsequent prosecution of the person providing it. This book examines the operation of the privilege against self-incrimination in criminal proceedings in England and Wales, paying particular attention to the influence of the European Convention on Human Rights and the Human Rights Act 1998. Among the questions addressed are how the privilege might be justified, and whether its scope is clarified sufficiently in the relevant case law (does the privilege apply, for example, to pre-existing material?). Consideration is given where appropriate to the treatment of aspects of the privilege in Australia, Canada, India, New Zealand, the USA and elsewhere.

The Privilege Against Self-Incrimination
The Privilege Against Self-Incrimination

Author: R. H. Helmholz

Publisher: University of Chicago Press

Published: 1997-06-08

Total Pages: 336

ISBN-13: 9780226326603

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Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.

The Privilege of Silence
The Privilege of Silence

Author: Steven M. Salky

Publisher: American Bar Association

Published: 2009

Total Pages: 0

ISBN-13: 9781604423969

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This book explains the contours of the Fifth Amendment privilege against self-incrimination in practice, providing a guide for both the civil litigator, as well as the criminal lawyer. The Privilege of Silence organizes the relevant case law so that lawyers may advise and represent their clients by focusing on the practical aspects of Fifth Amendment assertions in all proceedings.

Youth Justice in America
Youth Justice in America

Author: Maryam Ahranjani

Publisher: CQ Press

Published: 2014-07-01

Total Pages: 563

ISBN-13: 1483319466

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Youth Justice in America, Second Edition engages students in an exciting, informed discussion of the U.S. juvenile justice system and fills a pressing need to make legal issues personally meaningful to young people. Written in a straightforward style by Maryam Ahranjani, Andrew Ferguson and Jamie Raskin – all of whom actively work in the area of juvenile justice -- the book addresses tough, important issues that directly affect today's youth, including the rights of accused juveniles, search and seizure, self-incrimination and confession, right to appeal, and the death penalty for juveniles. Focusing on cases that relate to the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution, the subject matter comes alive through a wide variety of in-book learning aids.

Our Rights
Our Rights

Author: David J. Bodenhamer

Publisher: Oxford University Press, USA

Published: 2007

Total Pages: 258

ISBN-13: 0195325672

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"This boxed set contains classroom resources to help America's educators teach about the most important documents in U.S. history"--Box

The Internationalisation of Criminal Evidence
The Internationalisation of Criminal Evidence

Author: John D. Jackson

Publisher: Cambridge University Press

Published: 2012-01-19

Total Pages: 443

ISBN-13: 110701865X

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An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.

The Right Against Self Incrimination
The Right Against Self Incrimination

Author: Kimberly Troisi-Paton

Publisher: Greenhaven Publishing

Published: 2006

Total Pages: 0

ISBN-13: 9780737733433

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Examines the Fifth Amendment's origin in the English court system and the future of this right in the wake of twenty-first century legal developments.

Defendant Participation in the Criminal Process
Defendant Participation in the Criminal Process

Author: Abenaa Owusu- Bempah

Publisher: Routledge

Published: 2016-10-04

Total Pages: 239

ISBN-13: 131766468X

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Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.